An Alaska deed of trust is a document that transfers a real estate title from a grantor (“trustor” or “borrower”) to a third party (“trustee”) to retain as collateral for a loan issued by a lender (“beneficiary”). The trustee holds the title until the grantor satisfies their debt obligations to the lender, after which the title reconveys to the grantor. A key difference between a deed of trust and a mortgage is what occurs in the event of a loan default. If the grantor fails to refund the loan under a deed of trust, the trustee may seize the property through a non-judicial foreclosure and later sell it without a court order. A mortgage default, on the other hand, generally requires a judicial foreclosure.
- Statutes: §§ 34.20.070 to 34.20.135
- Formatting: § 40.17.030, “Preparing Documents” Guide
- Signing requirements (§ 34.15.150): Notary Public (or other authorized official)
- Where to record: District Recorder’s Office
- Recording fees (11 AAC 05.200, Alaska.gov “Recording Fees”): $20 for the first page + $5 for each additional page
Related Forms (1)
Alaska Promissory Note – A legal contract that serves as a “promise” to pay a sum of money back to the party that lent it.
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